Director of Public Prosecutions v Zoghieb

[2014] VCC 841

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 10-02312

DIRECTOR OF PUBLIC PROSECUTIONS

v

MOHAMMED ZOGHIEB

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:	5 June 2014
DATE OF SENTENCE:	5 June 2014
CASE MAY BE CITED AS:	DPP v Zoghieb
MEDIUM NEUTRAL CITATION:	[2014] VCC 841

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms F. Cockram
For the Offender	Ms T. Mildenhall

HIS HONOUR: 

1In this case both Her Honour Judge Thornton and myself in imposing sentences of community correction orders were mindful of the fact that Mr Zoghieb was a heroin addict and needed assistance to deal with that.   Consequently we imposed sentences that were intended to assist him.  There is little point in court imposing community correction orders, even those which involve merely mental health or drug program conditions and not imposing sentences that might otherwise seem to be lenient involving unpaid community work unless they're complied with.  Sooner or later courts must impose sentences of imprisonment in order to maintain the integrity of the community correction order process.  It is inappropriate for the court constantly to be overlooking or giving lenient sentences for breaches of community correction orders.  The word must get out eventually that it is necessary for people to comply with them, otherwise they risk terms of imprisonment. 

2Her Honour Judge Thornton indicated in her sentencing that but for your plea of guilty, Mr Zoghieb, to this offence, she would have sentenced you to six months' imprisonment.  You have pleaded guilty and that is in your favour.   The offence occurred a long time ago now, but much of that time has been devoted to court processes resulting in community correction orders which you have breached.  I now have before me a situation where you only completed six hours of 100 hours of the community correction order that I imposed upon you. 

3In those circumstances Corrections have indicated that their recommendation is that the order be cancelled and you be sentenced for the original charges.  That is an entirely reasonable submission which the court now must I think accede to. 

4I take into account the reasons put forward for your failure to comply, but they are not sufficient in my judgment.  There is no excuse for not having contacted Corrections from January of this year.  In those circumstances:

5For the breach of the community correction order I sentence you to one month imprisonment. 

6I cancel the community correction order and sentence you now for the original offence of theft and I impose a sentence of four months' imprisonment. 

7That will be cumulative upon the one month that I have imposed for breach of the community correction order, making a total effective sentence of five months' imprisonment. 

8I declare 42 days of pre‑sentence detention as time served on the sentence that I have imposed and that will be deducted administratively for the time you will actually have to serve.  I order that that be noted in the records of the court. 

9But for your plea of guilty to the breach offence, I would have sentenced you on the breach to six weeks' imprisonment. 

10Thank you, you can take him down now, please. 

11Yes, thank you, counsel.  Thank you Ms Judesco and Ms Piadiamente. 

12COUNSEL:  Thank you.  As Your Honour pleases.

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